Making A Will

[emmie]

can anyone advise on the Do it yourself Wills. I know where i can buy them, WH Smiths, are there any other outlets you can get them from. Are there any specific drawbacks to DIY wills.

[emmie]

thats part of the problem, she is somewhat confused, not good with legal matters, but does need to sort this out sooner than later. If i was in the vicinity which i am not i could help. I think i will ask the person to ring the CAB first, who are a lot nearer than me..

[ladybirder]

Em, give these a ring, they charge £30 for a Will. I used them.

http://www.beneficentlaw.co.uk/make-a-will.html

[Epona]

ladybirder, my mum and dad used them, I was dubious but they came to their house and did a very professional job and gave them some good advice. I think the bill came to £80 but that included changing something at Land Registry so each owned the house equal 50%. Anyway when my dad passed away they were very kind and helpful, so i would highly recommend them too.

[Epona]

I have to add to the above post this was 10 years ago and they were not online at that point so not sure if they are the same people.

[silka]

My family have used them, very easy. I have a spare one from WH Smiths cost about £20.

[ladybirder]

Epona, they didn't come to my house so I just paid the £30 and as you say they were very helpful and send it back all done for you. This was about a year/18 months ago.

[woofgang]

If she is easily confused and not good with legal matters, even more reason NOT to have a DIY job.

[237SJ]

So Staples stores still exist in the UK? They sell a brand called Lawpack. The packs include templates and correct wording advice. Probably perfectly OK providing the estate is really simple.

[Connemmara]

My mother made a will typed up validly by a solicitor - but believe me she had nothing to leave behind - she ended up too sick to sign it but I kept a copy of it and typed it up myself putting of course my own bits and pieces - got two friends to sign it and that was 1994 - it needs to be updated as 2 brothers have gone etc but my friend who worked in law told me the same will can be used - just to put an addendum on to it and get it signed it again. Wills are a nuisance at the time but on the death of someone are extremely valuable. Will hunt out mine soon.

[Buenchico]

I used to write wills for a living. My advice is to forget about using any forms; you don't need them. You EITHER need a plain piece of paper OR a solicitor!

Get hold of a copy of this book. (It's in many public libraries):
http://books.which.co.uk/products-page/acq3/wills-and-probate/
Read all of the relevant sections, then re-read them.

If you're confident that you can help the lady to draft her will, do so and then get her to sign it in the presence of two witnesses (who aren't beneficiaries of the will).

If you're less confident, still help her to prepare a draft but then get a solicitor to 'tidy it up'.

Chris

[FredPuli43]

connemara, you may mean what follows but it's a bit more than just signing again. The addendum is called a codicil. To be valid it has to be dated, executed and witnessed exactly as a full will must be. Most lawyers would draft and have executed a new will in the circumstances you describe. A codicil is only useful for making minor additions to a long and complex will, where the body of the will requires no alteration and there is no point in rewriting and executing a completely new will. The other reason for not liking codicils is that they are on a separate piece of paper to the original will and therefore may be lost or someone may proceed in ignorance of the codicil's existence, there being nothing in the original will to indicate a codicil exists .

[woofgang]

The bloke who did our wills said that codicils are falling out of use because its so easy now to pull up the computer copy of the original will and make the changes to the body of the will. This does away with the lost codicil issue.

[Connemmara]

ooops - codicil is the correct word - will have to look to changing my will too.

[Peter Pedant]

come on em do as Fred sez.

also read the v many posts from the usual suspects on this section on 'wills'.

Learn from F - who triped up on the 'attestation' clause - singed by us and in the presence of each other hence the need for affidavits repairing the omission.

Are there any drawback from DIY wills > Yeah, invalidity so that the moolah goes under the rules of intestacy ( = no will ) to people the dead person did NOT want to inherit.

[emmie]

woof, someone will help her with them, someone who is a bit more aware.